Chapter NR 102

NR 102.04(4)(d) (d) Toxic substances. Unauthorized concentrations of substances are not permitted that alone or in combination with other materials present are toxic to fish or other aquatic life. Surface waters shall meet the acute and chronic criteria as set forth in or developed pursuant to ss. NR 105.05 and 105.06.

NR 102.04(4)(e) (e) Temperature. Water quality criteria for temperature shall be determined and applied pursuant to subch. II. Heated effluent shall not cause lethality, inside or outside of the mixing zone, to animal, plant or other aquatic life.

NR 102.04(4)(f) (f) Other criteria. Surface waters shall meet all other criteria that correspond to the appropriate aquatic life subcategory for the surface water, including narrative criteria specified in sub. (1).

NR 102.04(5) (5) Recreational use.

NR 102.04(5)(a) (a) General. All surface waters shall be suitable for supporting recreational use and shall meet the criteria specified in sub. (6).

NR 102.04(5)(b) (b) Exceptions. Whenever the department determines, in accordance with the procedures specified in s. NR 210.06 (3), that wastewater disinfection is not required to protect recreational uses, the criteria specified in sub. (6) (a) and in chs. NR 103 and 104 do not apply.

NR 102.04(6) (6) Criteria for recreational use. Bacteria criteria are established as follows to protect humans from illness caused by fecal contamination due to recreational contact with surface water:

NR 102.04(6)(a) (a) Bacteria.

NR 102.04(6)(a)1. 1. ‘Criteria.’ All of the Escherichia coli (E. coli) criteria in Table A apply unless bacteria site-specific criteria have been adopted pursuant to subd. 2.

NR 102.04 Note Note: The department developed the E. coli criteria in this section based on criteria developed by U.S. EPA. U.S. EPA developed the E. coli criteria using membrane filtration methods to count E. coli colony forming units. Entities wishing to use quantitative polymerase chain reaction (qPCR) and a conversion factor to compare resulting E. coli counts to the criteria in Table A may seek U.S. EPA and department approval for using alternative indicators and methods as outlined in U.S. EPA technical support document EPA-820-R-14-011.

NR 102.04 Note Note: Under the department’s beach advisory program, a beach advisory is issued when a beach reaches the “Beach Action Value” of 235 counts per 100 mL and a beach closure is issued at 1000 counts per 100 mL, unless site-specific conditions indicate use of an alternate metric. More information on the beach advisory program is available at http://wibeaches.us.

NR 102.04(6)(a)2. 2. ‘Site-specific criteria.’

NR 102.04(6)(a)2.a. a. The department may establish bacteria site-specific criteria by rule to protect a waterbody’s recreational use when it is determined that the statewide E. coli criteria under subd. 1. are inappropriate due to site-specific conditions. Once bacteria site-specific criteria are adopted in a rule and approved by U.S. EPA, those criteria supersede the statewide E. coli criteria under subd. 1. for that waterbody.

NR 102.04(6)(a)2.b. b. Any interested party may submit proposed bacteria site-specific criteria for a waterbody to the department for review and consideration. Any request for bacteria site-specific criteria must include a demonstration that the proposed site-specific criteria were developed using a U.S. EPA approved method, procedure, or test, are based on sound scientific rationale, and are as protective of the recreational use as the statewide E. coli criteria in subd. 1. A request for a less-stringent site-specific criteria must also demonstrate that the predominant source of the bacteria is non-human or non-fecal.

NR 102.04(7) (7) Public health and welfare use.

NR 102.04(7)(a) (a) General. All surface waters shall be suitable for supporting public health and welfare.

NR 102.04(7)(b) (b) Exceptions. Whenever the department determines a discharge of heated effluent is not exposed or situated in a manner that may pose a realistic potential for scalding of humans, the criterion specified in sub. (8) (c) does not apply.

NR 102.04(8) (8) Criteria for public health and welfare use.

NR 102.04(8)(a) (a) General. The criteria developed pursuant to ss. NR 105.08 and 105.09 shall be met regardless of whether the surface water is used for public drinking water supply or the applicable fish and aquatic life subcategory.

NR 102.04(8)(b) (b) Taste and odor criteria. All surface waters providing public drinking water supplies or classified as cold water or warm water sport fish communities as described in sub. (3) shall meet the taste and odor criteria specified or developed pursuant to s. NR 102.14.

NR 102.04(8)(c) (c) Temperature criteria. To protect humans from being scalded, the water temperature of a discharge may not exceed 120oF unless specifically authorized under provisions in subchs. V or VI of ch. NR 106.

NR 102.04(8)(d) (d) PFOS and PFOA criteria and assessment.

NR 102.04(8)(d)1. 1. Surface waters shall meet all of the following criteria for PFOS and PFOA at all times and under all flow and water level conditions:

NR 102.04(8)(d)1.a. a. In order to protect against adverse public health impacts from consumption of fish taken from surface waters, concentrations of PFOS shall not be present in amounts found to be of public health significance, which is 8 parts per trillion, except in waters that cannot naturally support fish and do not have downstream waters that support fish.

NR 102.04(8)(d)1.b. b. In order to protect against adverse public health impacts from the incidental consumption of surface waters associated with recreational activities in the water, concentrations of PFOA shall not be present in amounts found to be of public health significance, which is 95 parts per trillion for surface waters not classified as public water supplies under ch. NR 104.

NR 102.04(8)(d)1.c. c. In order to protect against adverse public health impacts from consumption of drinking water supplied by surface waters, concentrations of PFOA shall not be present in amounts found to be of public health significance, which is 20 parts per trillion for surface waters classified as public water supplies under ch. NR 104.

NR 102.04(8)(d)2. 2. The PFOS and PFOA criteria in subd. 1. shall be met in surface waters, and a surface water shall be considered an impaired water as defined in s. NR 151.002 (16m) if any of the criteria are exceeded more than once every 3 years. Permit requirements shall be implemented following the procedures under subch. VIII of ch. NR 106.

NR 102.04(9) (9) Wildlife use and criteria.

NR 102.04(9)(a) (a) Use. All surface waters shall be suitable for supporting wildlife.

NR 102.04(9)(b) (b) Criteria. The criteria specified in or developed pursuant to s. NR 105.07 shall be met.

NR 102.04 History History: Cr. Register, September, 1973, No. 213, eff. 10-1-73; am. (3), Register, December, 1977, No. 264, eff. 1-1-78; renum. from NR 102.02, r. (3) (d) 1. to 3., and (5), renum. (3) (intro.) to (d) (intro.) and (e) and (4) to be (4) (intro.) to (e) and (5) and am. (4) (a), (d), (e) (intro.) and (5), cr. (6) and (7), Register, February, 1989, No. 398, eff. 3-1-89; am. (3) (intro.), (6), (7), r. (3) (a), renum. (3) (b) to (f) to be (3) (a) to (e) and am. (3) (a), Register, August, 1997, No. 500, eff. 9-1-97; CR 07-111: am. (title), (1) (intro.), (2), (3) (intro.), (4) (title) and (a), r. (4) (b), (e) 1. and (5) to (7), renum. (4) (e) (intro.), 2. and 3. to be (4) (b) and am. (4) (b) (intro.), cr. (4) (e) and (5) to (9) Register September 2010 No. 657, eff. 10-1-10; correction in (8) (c) made under s. 13.92 (4) (b) 7., Stats., Register September 2010 No. 657; CR 19-014: am. (5) (a), r. and recr. (6) Register April 2020 No. 772, eff. 5-1-20; CR 21-083: cr. (8) (d) Register July 2022 No. 799, eff. 8-1-22; CR 19-094: r. and recr. (4) (a), cr. (4) (am), r. (4) (b), am. (4) (d), cr. (4) (f), am. (5) (b) Register September 2022 No. 801, eff. 10-1-22.

NR 102.05 NR 102.05 Application of standards.

NR 102.05(1) (1) Antidegradation.

NR 102.05(1)(a) (a) No waters of the state shall be lowered in quality unless it has been affirmatively demonstrated to the department that such a change is justified as a result of necessary economic and social development, provided that no new or increased effluent interferes with or becomes injurious to any assigned uses made of or presently possible in such waters.

NR 102.05(1)(b) (b) Classification system. For the purposes of this subsection, all surface waters of the state, or portions thereof, shall be classified as one of the following:

NR 102.05(1)(b)1. 1. Outstanding resource waters as listed in s. NR 102.10,

NR 102.05(1)(b)2. 2. Exceptional resource waters as listed in s. NR 102.11,

NR 102.05(1)(b)3. 3. Great Lakes system waters as listed in s. NR 102.12 (1),

NR 102.05(1)(b)4. 4. Fish and aquatic life waters as described in s. NR 102.13, or

NR 102.05(1)(b)5. 5. Waters listed in tables 3 through 8 in ss. NR 104.05 to 104.10.

NR 102.05(2) (2) Streamflow. Water quality standards will not be maintained under all natural occurrences of flow, temperature, or other water quality characteristics. The determination of water quality based effluent limitations or other management practices shall be based upon the following conditions except as provided in ch. NR 106 for toxic and organoleptic substances and whole effluent toxicity:

NR 102.05(2)(a) (a) The average minimum 7-day low streamflow which occurs once in 10 years (7-day Q10); or,

NR 102.05(2)(b) (b) In the case of dissolved oxygen and wherever sufficient data on streamflow and temperature are available, by application of a 0.274% level of nonattainment. This is equivalent to an expected nonattainment of the dissolved oxygen criterion of one day per year.

NR 102.05(3) (3) Mixing zones. Water quality standards shall be met at every point outside of a mixing zone. The size of the mixing zone shall be based on such factors as effluent quality and quantity, available dilution, temperature, current, type of outfall, channel configuration and restrictions to fish movement. For toxic and organoleptic substances with water quality criteria or secondary values specified in or developed pursuant to chs. NR 102 and 105, allowable dilution shall be determined as specified in ch. NR 106 in addition to the requirements specified in this subsection. As a guide to the delineation of a mixing zone, the following shall be taken into consideration:

NR 102.05(3)(a) (a) Limiting mixing zones to as small an area as practicable, and conforming to the time exposure responses of aquatic life.

NR 102.05(3)(b) (b) Providing passageways for fish and other mobile aquatic organisms.

NR 102.05(3)(c) (c) Where possible, mixing zones being no larger than 25% of the cross–sectional area or volume of flow of a flowing water body and not extending more than 50% of the width.

NR 102.05(3)(d) (d) Final acute criteria and secondary values specified in or developed pursuant to s. NR 105.05 for the fish and aquatic life subcategory for which the receiving water is classified not being exceeded at any point in the mixing zone.

NR 102.05(3)(e) (e) Mixing zones not exceeding 10% of an inland lake’s total surface area.

NR 102.05(3)(f) (f) Mixing zones not adversely impacting spawning or nursery areas, migratory routes, nor mouths of tributary streams.

NR 102.05(3)(g) (g) Mixing zones not overlapping, but where they do, taking measures to prevent adverse synergistic effects.

NR 102.05(3)(h) (h) Restricting the pH to values greater than 4.0 s.u. and to values less than 11.0 s.u. at any point in the mixing zone for the protection of indigenous fish and fish food organisms.

NR 102.05(5) (5) Resource management exemptions. Application of chemicals for water resource management purposes in accordance with statutory provisions is not subject to the requirements of the standards except in case of water used for public water supply.

NR 102.05(6) (6) Analytical procedures.

NR 102.05(6)(a) (a) The criteria in the Radiation Protection Code, s. DHS 157.44, shall apply to the disposal and permissible concentrations of radioactive substances.

NR 102.05(6)(b) (b) Methods used for analysis of samples shall be as set forth in ch. NR 219 unless alternative methods are specified by the department.

NR 102.05 History History: Cr. Register, September, 1973, No. 213, eff. 10-1-73; renum. (5) and (6) to be (6) and (7), cr. (5), Register, July, 1975, No. 235, eff. 8-1-75; r. and recr. (3), Register, August, 1981, No. 308, eff. 9-1-81; correction in (7) made under s. 13.93 (2m) (b) 7., Stats., cr. (4) (h), Register, September, 1984, No. 345, eff. 10-1-84; renum. from NR 102.03, r. (1), cr. (1) (b), renum. (2) to (7) to be (1) (a) to (6) and am. (2), (3) (intro.) and (d) and (6), Register, February, 1989, No. 398, eff. 3-1-89; am. (1) (b) 3., (3) (intro.) and (d), Register, August, 1997, No. 500, eff. 9-1-97; correction in (6) (a) made under s. 13.93 (2m) (b) 7., Stats. Register July 2006 No. 607, eff. 8-1-06; correction in (6) (a) made under s. 13.92 (4) (b) 7., Stats., Register July 2010 No. 655; CR 07-111: am. (3) (intro.), (b), (c), (e) and (f), r. (4) Register September 2010 No. 657, eff. 10-1-10.

NR 102.06 NR 102.06 Phosphorus.

NR 102.06(1) (1) General. This section identifies the water quality criteria for total phosphorus that shall be met in surface waters. Assessment procedures for waterbodies are specified in ss. NR 102.07 and 102.60.

NR 102.06(2) (2) Definitions. In this section, the following definitions apply:

NR 102.06(2)(b) (b) “Ephemeral stream” means a channel or stream that only carries water for a few days during and after a rainfall or snowmelt event and does not exhibit a flow during other periods, and includes, but is not limited to, grassed waterways, grassed swales, and areas of channelized flow as defined in s. NR 243.03 (7).

NR 102.06(2)(c) (c) “Mean water residence time” means the amount of time that a volume of water entering a waterbody will reside in that waterbody.

NR 102.06(2)(d) (d) “Nearshore waters” means all waters of Lake Michigan or Lake Superior within the jurisdiction of the State of Wisconsin in the zone extending from the shore to a depth of 10 meters, based on the long-term mean elevation for Lake Superior of 183.4 meters (601.7 feet) and for Lake Michigan of 176.5 meters (579.0 feet).

NR 102.06(2)(e) (e) “Open waters” mean all waters of Lake Michigan or Lake Superior within the jurisdiction of the State of Wisconsin with depths greater than nearshore waters.

NR 102.06(3) (3) Rivers, streams, and impounded flowing waters. To protect the fish and aquatic life uses established in s. NR 102.04 (3) on rivers and streams that generally exhibit unidirectional flow, total phosphorus criteria are established as follows:

NR 102.06(3)(a) (a) A total phosphorus criterion of 100 ug/L is established for the following rivers or other unidirectional flowing waters:

NR 102.06(3)(a)1. 1. Apple River from the outlet of the Apple River Flowage in Amery to the St. Croix River, excluding Black Brook Flowage.

NR 102.06(3)(a)2. 2. Bad River from confluence with the Marengo River within the Bad River Indian Reservation downstream to Lake Superior.

NR 102.06(3)(a)3. 3. Baraboo River from highway 58 in La Valle to the Wisconsin River.

NR 102.06(3)(a)4. 4. Bark River from confluence with Scuppernong River near Hebron to the Rock River.

NR 102.06(3)(a)5. 5. Black River from confluence with Cunningham Creek near Neillsville to Mississippi River, excluding Lake Arbutus.

NR 102.06(3)(a)6. 6. Brule River from state highway 55 in Forest County downstream to Menominee River.

NR 102.06(3)(a)7. 7. Buffalo River from confluence with Harvey Creek near Mondovi to Mississippi River.

NR 102.06(3)(a)8. 8. Chippewa River from Lake Chippewa in Sawyer County to Mississippi River, excluding Holcombe Flowage, Cornell Flowage, Old Abe Lake, Lake Wissota and Dells Pond.

NR 102.06(3)(a)9. 9. Crawfish River from confluence with Beaver Dam River to Rock River.

NR 102.06(3)(a)10. 10. East Branch Pecatonica River from confluence with Apple Branch Creek near Argyle to Pecatonica River.

NR 102.06(3)(a)11. 11. Eau Claire River from confluence with Bridge Creek near Augusta to Chippewa River, excluding Altoona Lake.

NR 102.06(3)(a)12. 12. Embarrass River from confluence with Pigeon River near Clintonville to Wolf River.

NR 102.06(3)(a)13. 13. Flambeau River from outlet of Turtle-Flambeau Flowage in Iron County to Chippewa River, excluding Pixley Flowage, Crowley Flowage and Dairyland Flowage.

NR 102.06(3)(a)14. 14. Fox River from outlet of Lake Puckaway near Princeton to Green Bay, excluding Lake Butte des Morts and Lake Winnebago.

NR 102.06(3)(a)15. 15. Fox River from confluence with Mukwonago River near Mukwonago to state line, excluding Tichigan Lake.

NR 102.06(3)(a)16. 16. Grant River from confluence with Rattlesnake Creek near Beetown to Mississippi River.

NR 102.06(3)(a)17. 17. Jump River from confluence with the North Fork and the South Fork of the Jump rivers in Price County to Holcombe Flowage.

NR 102.06(3)(a)18. 18. Kickapoo River from confluence with Weister Creek near La Farge to Wisconsin River.

NR 102.06(3)(a)19. 19. Kinnickinnic River from confluence with Wilson Park Creek in Milwaukee to Milwaukee River.

NR 102.06(3)(a)20. 20. La Crosse River from confluence with Fish Creek near Bangor to Mississippi River, excluding Neshonoc Lake.

NR 102.06(3)(a)21. 21. Lemonweir River from outlet of New Lisbon Lake in New Lisbon to Wisconsin River, excluding Decorah Lake.

NR 102.06(3)(a)22. 22. Little Wolf River from confluence with South Branch Little Wolf River near Royalton to Wolf River.

NR 102.06(3)(a)23. 23. Manitowoc River from confluence of North Branch and South Branch Manitowoc rivers to the opening at the end of the piers at Lake Michigan.